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(영문) 전주지방법원군산지원 2015.09.24 2015가합10587

구상금

Text

1. The Defendant’s KRW 709,784,274 as well as the Plaintiff’s annual amount of KRW 5% from August 18, 2015 to September 24, 2015 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff received 103,606, 182, 182, 182, 200, 17, 294, 206, 207, 306, 205, 207, 306, 205, 207, 40, 106, 205, 107, 107, 107, 296, 46, 296, 1386, 386, 486, 106, 57, 29, 207, 205, 205, 30, 196, 205, 205, 306, 106, 205, 196, 205, 306, 205, 196, 197, 1965, 197

After that, the defendant lost the interest of the loan due to the delinquency of the interest of the loan, and on March 3, 2015, the balance of the loan (such as principal, overdue interest, etc.) as of March 3, 2015

B. On July 29, 2015, the Plaintiff, as the secondary taxpayer of the Defendant, paid KRW 17,007,280 in arrears by the Defendant on behalf of the Defendant.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 6

2. According to the above facts finding as to the cause of the claim, the defendant may exercise the right to reimbursement in advance against the principal obligor in any of the following cases, unless there are special circumstances.

4. When the debt becomes due, 77,776,94 won, and 17,07,280 won, total of 754,784,274 won and damages for delay due to the payment of value-added tax in lieu of the value-added tax, shall be liable to pay the amount of indemnity and any damages for delay.

3. Judgment on the defendant's assertion

A. The summary of the argument ① The Defendant repaid KRW 45,00,000 out of the principal of the loan to NH Capital, and KRW 5,000,000 out of the loans to JB capital.